Shared drive restrictive covenants and parking problems

nicos42

Hi all,
I m looking for a little advice. I just bough the house I rented for years. The shared drive belongs to my house and next door neighbour has a right of way over it to one car parking space. Over the years he gradually expanded his parking into his front garden. I seriously wouldnt care but his front garden is not wide enough so his car s bonnets are edging over my drive forcing me to drive over my front garden.
Furthermore Barratt homes marked my parking space line wrong. If I was to park behind the line I cant get out the car because there isnt enough space between houses. Plus the fact that the neighbour right of way ends at the top of my garden and i believe I have the right to park up to there.
To my shock his son bought a massive 4x4, husband and wife both have massive 4x4 s and daughter has a fiesta. so now they are telling me to park behind the line or else. so the son can park in their front garden.
But having just bought the house the solicitor told me about covenants and one says that not to park any motor vehicle boat house caravan in the front or rear garden as there is an allocated parkings space. There is another one about not to cause nuisance which clearly they are causing me upset...
I dont know how to enforce it without alienating the neighbours as we had arguments before about them parking more and more cars. I just want a quiet life because I m so happy I bought the detached house of my dreams after 25 years wanting it.
They are just forever growing there parking space yet they insist I have no rights to park on my own land. I dont want to spend money on solicitors I cant afford but house insurance has legal cover. The conveyancer confirmed that the covenants are enforceable by myself. I tried the decent thing to chant with them but no change (

HampshireH

nicos42 said:

Hi all,
I m looking for a little advice. I just bough the house I rented for years. The shared drive belongs to my house and next door neighbour has a right of way over it to one car parking space. Over the years he gradually expanded his parking into his front garden. I seriously wouldnt care but his front garden is not wide enough so his car s bonnets are edging over my drive forcing me to drive over my front garden.
Furthermore Barratt homes marked my parking space line wrong. If I was to park behind the line I cant get out the car because there isnt enough space between houses. Plus the fact that the neighbour right of way ends at the top of my garden and i believe I have the right to park up to there.
To my shock his son bought a massive 4x4, husband and wife both have massive 4x4 s and daughter has a fiesta. so now they are telling me to park behind the line or else. so the son can park in their front garden.
But having just bought the house the solicitor told me about covenants and one says that not to park any motor vehicle boat house caravan in the front or rear garden as there is an allocated parkings space. There is another one about not to cause nuisance which clearly they are causing me upset...
I dont know how to enforce it without alienating the neighbours as we had arguments before about them parking more and more cars. I just want a quiet life because I m so happy I bought the detached house of my dreams after 25 years wanting it.
They are just forever growing there parking space yet they insist I have no rights to park on my own land. I dont want to spend money on solicitors I cant afford but house insurance has legal cover. The conveyancer confirmed that the covenants are enforceable by myself. I tried the decent thing to chant with them but no change (

What happened when you chanted at them😉

Seriously though - this was a problem before you purchased the house so you knew about it when you bought it.

What do they say when you spoke to them about it?

Is the line a change in paving to denote the areas?

You may have a right to enforce the covenant but it will be a very expensive drawn out battle where even if you win or they conced you will have neighbours who hate you.

Maybe show them the deeds and explain your struggle. Perhap propose a mutually agreeable solution rather than giving them a problem they don't wish to resolve.

nicos42

Hi Hampshire we agreed they wont have more then three cars and do not expand the parking more. but it was verbal. I was not aware at the time of the covenants. Yes they ll hate me in the end either way people do even if they re wrong. i understand them and why they need the space but i too need to have my rights respected. I think without being tit for tat i ll show them deeds and park right at top of my garden on my own land where they have no right of way and block them in. i just think if is so expensive to enforce there s no other way. i mean my mates have to park away even though is my drive just so thry dont get blocked in. i bought the house knowingly because i love it here in surrey so i guess i ll just have to stand my grounds
And yes everyone park space is marked with bricks in tarmac. but their right of way ends much further then the mark. surely i m entitled to park on my land

teachfast

Just park how you wish and tell them to sling their hook. Make it into their problem, not yours. 

HampshireH

nicos42 said:

Hi Hampshire we agreed they wont have more then three cars and do not expand the parking more. but it was verbal. I was not aware at the time of the covenants. Yes they ll hate me in the end either way people do even if they re wrong. i understand them and why they need the space but i too need to have my rights respected. I think without being tit for tat i ll show them deeds and park right at top of my garden on my own land where they have no right of way and block them in. i just think if is so expensive to enforce there s no other way. i mean my mates have to park away even though is my drive just so thry dont get blocked in. i bought the house knowingly because i love it here in surrey so i guess i ll just have to stand my grounds
And yes everyone park space is marked with bricks in tarmac. but their right of way ends much further then the mark. surely i m entitled to park on my land

😂 I would have left the "without being tit for tat" bit out as that's what it reads like.

You do have a right to park there if your deeds say you can. Presumably your deeds don't allow parking on the right of way and their right of way is for vehicular access but they cannot park there? I can't really picture it especially when they say you have no rights to park on your own land

It sounds like you are going to fall out either way so you may as well do it to benefit you.

Titus_Wadd

Definitely contact your insurance's legal protection team and ask them to prepare a cease and desist letter and/or a letter before action.  In my experience the insurance solicitors will spell out the neighbours' parking rights to the exact letter of the covenants.  It sounds as though this might be far more restrictive than the parking you've allowed them so far.  That isn't your fault and because they've taken the p!ss they'll have to face the actual legal position.

I think that sending a solicitor's letter is your next step, though I can understand that you're trying not to get into a formal dispute, the neighbours won't bother to look at their legal position without one.  The starting point will be establishing where and what you can each park on your defined parking areas.  If you allow informal parking agreements beyond that point that is all they are, informal. 

Definitely ring the legal helpline and ask them to look at your deeds and those of your neighbours' land to establish the actual position re parking, it sounds the sort of thing they'll cover.

Jeepers_Creepers

Forget the 'neighbours will hate me' bit - they are not worthy of your consideration, as they have shown non to you. You have been more than fair, more than generous to them, and how have they rewarded this? Yup, by trying to take further advantage of you.

Understand that this is what you are dealing with - egotists. Warped sense of entitlement. Narcs. In their heads, they have told themselves that they are 'right', and anything that tries to stop them is 'unfair'. 

They will not be good neighbours regardless of what happens. The best you can hope for is that you simply ignore each other on a daily basis whilst remaining civil (of course you'll take in their parcels if a delivery fellow asks. Of course you won't do anything anti-social to them. Of course you'll nod, smile and acknowledge them whenever your paths cross). But you also know that they are not worthy folk, and you can simply otherwise ignore them. The relationship is now on your terms.

To be more blunt - these folk have contempt for anyone who doesn't do their bidding for them. And even for those who do. The only difference is that they need to know they've reached the 'line' with you, and they are put firmly back in their box.

The only thing folk like that respond to is a red legal line on the ground.

Talk to them in short, simple sentences, stating only the facts. Don't get side-tracked by things they might say "You were ok with..." "You allowed us to...", just refer to the covenants and state them verbatim. You point out that they have taken advantage of the reasonableness, generosity and flexibility you've shown them to date, and - rather than shown some appreciation - have just used it to try and take further advantage. They have now lost any right to any goodwill from you, and it's now going to be a strict return to the terms of the covenants. They've 'blown it'.

Call up your LegProt for advice. Something to think about carefully here is, when did you take out your policy, and when did this parking issue start? Did you have contents insurance with the same company before you bought the house, and did this have LP? Or is this a completely new policy taken out at the time of purchase? If the latter, you may need to think carefully about what you say the specific current issue is, and when this started. It may be that you didn't really have a 'problem' with them originally parking on their lawn - it wasn't pretty, but you assumed they were entitled to - but now (a) they have expanded their parking and (b) you've discovered they shouldn't be parking on their lawn, and now need to take action.

That's one aspect of your problem, and hopefully LP can sort it (basically, if they know they're on technically solid ground and know they will ultimately win, then they will pursue it. Often they just need to feel comfy it's a more-than-50% likelihood - yours should be nigh-on 1005!)

The other issue is the 'wrongly'-marked parking line. You reckon it must be wrong 'cos you cannot open your car door? I fear that might not be enough cause. What do your deeds plans say? How obvious is the location of the parking bay line - does it align with a garage wall, for example? How certain are you it's wrong, and how can you prove this?

Any chance of posting your deeds plan to show what the whole parking issue is?

nicos42

Hi guys, sorry this stressed me out so much I forgot I posted this and posted again. And I only seen your answers. I m bad at keeping up with forums so I apologize.

Jeepers_Creepers said:

Forget the 'neighbours will hate me' bit - they are not worthy of your consideration, as they have shown non to you. You have been more than fair, more than generous to them, and how have they rewarded this? Yup, by trying to take further advantage of you.

Understand that this is what you are dealing with - egotists. Warped sense of entitlement. Narcs. In their heads, they have told themselves that they are 'right', and anything that tries to stop them is 'unfair'. 

They will not be good neighbours regardless of what happens. The best you can hope for is that you simply ignore each other on a daily basis whilst remaining civil (of course you'll take in their parcels if a delivery fellow asks. Of course you won't do anything anti-social to them. Of course you'll nod, smile and acknowledge them whenever your paths cross). But you also know that they are not worthy folk, and you can simply otherwise ignore them. The relationship is now on your terms.

To be more blunt - these folk have contempt for anyone who doesn't do their bidding for them. And even for those who do. The only difference is that they need to know they've reached the 'line' with you, and they are put firmly back in their box.

The only thing folk like that respond to is a red legal line on the ground.

Talk to them in short, simple sentences, stating only the facts. Don't get side-tracked by things they might say "You were ok with..." "You allowed us to...", just refer to the covenants and state them verbatim. You point out that they have taken advantage of the reasonableness, generosity and flexibility you've shown them to date, and - rather than shown some appreciation - have just used it to try and take further advantage. They have now lost any right to any goodwill from you, and it's now going to be a strict return to the terms of the covenants. They've 'blown it'.

Call up your LegProt for advice. Something to think about carefully here is, when did you take out your policy, and when did this parking issue start? Did you have contents insurance with the same company before you bought the house, and did this have LP? Or is this a completely new policy taken out at the time of purchase? If the latter, you may need to think carefully about what you say the specific current issue is, and when this started. It may be that you didn't really have a 'problem' with them originally parking on their lawn - it wasn't pretty, but you assumed they were entitled to - but now (a) they have expanded their parking and (b) you've discovered they shouldn't be parking on their lawn, and now need to take action.

That's one aspect of your problem, and hopefully LP can sort it (basically, if they know they're on technically solid ground and know they will ultimately win, then they will pursue it. Often they just need to feel comfy it's a more-than-50% likelihood - yours should be nigh-on 1005!)

The other issue is the 'wrongly'-marked parking line. You reckon it must be wrong 'cos you cannot open your car door? I fear that might not be enough cause. What do your deeds plans say? How obvious is the location of the parking bay line - does it align with a garage wall, for example? How certain are you it's wrong, and how can you prove this?

Any chance of posting your deeds plan to show what the whole parking issue is?

Hi Jeepers_Creepers that is fantastic advice. Yes the insurance is only when I purchased. I was bluntly unaware of this covenants as a tenant and they have bullied me for years.

Yes there is a marking on my parking place but Barratt Homes put it in the wrong place as stated by conveyancer. Next door took advantage of that for years.I m very sure of the parking line because on the deeds on the map if I zoom in I can see the front garden path. Their right of way ends at the top of my foot path way before where the parking line is. Also it will make the size of my private land the same as theirs. In terms of square foot.

To make matters worst they park 3-4 cars I park one small one. And I m liable for repairs they re not so I agree they have taken the p*ss when I was a tenant.

So I will confront them calmly, keep to short sentences and tell them no more.

This has stressed me so much and yes I bought the house knowingly but I always thought they knew their rights and I m wrong and now when I bought it because of the conveyacing I found out I m right and they are wrong.

Sorry for double posting I dont know how to remove the duplicate

nicos42

Hi Jeepers again sorry it took so long I scanned the plans and explained on the graphic how the set up is.

I tried to approach him and he told me is his land. Very nice family one of his kids told me to shut up because no one cares.

He then approached me again saying that he wants to work things out and would I be happy with him removing the boundary fence that marks the public land so the garden becomes deep enough to park the massive cars. He then said is nowhere to park on the overflow car park and tried to get my permission. No way will I agree to that and for free after the stress caused.

The plans are very badly drawn so I was trying to establish the right of way by concrete steps, foot paths, front of the houses etc... Do you think I m wrong and their right of way extends to the bricked marking on my drive?

The reason I say is badly drawn is:

- his garden looks much larger than mine and much deeper than it is

- my house looks double the size of his

- the neighbor in front very small front garden looks huge and is tiny

To me the clear mark of where the ROW ends is the top of my front garden foot path. You think is worth paying for a surveyour to get that in writting?

Even so this should make no much difference as I wont agree to have anymore cars in his front garden.

sheramber

He then approached me again saying that he wants to work things out and would I be happy with him removing the boundary fence that marks the public land so the garden becomes deep enough to park the massive cars. 

Where is the public land/

Why would you have authority over removing a fence to public land?

nicos42

To update I spoken with the legal cover and they re looking into it.

@sheramber the fence was his on his boundary to public land marked by the red line. He moved the fence a meter on to public space so he can park his big cars without interfering with my right of way.

But no respect for boundaries, covenants they just do what they want.

The said there is no space to park and there isnt and that their son is moving out. I felt bad and I said ok well he can park but give me a letter that as soon as he moved out you put the garden back to a garden and never use it for parking again. The following day they moved the fence and ignored me since (2 weeks)

So I had no options but to speak with my house insurance and try to enforce the covenants.